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San Diego divorce attorneys, Michele Lowenstein and Elizabeth Brown, discuss new legislation that will change the way gay registered domestic partners and same sex married couples can dissolve their unions. Beginning in 2011, California will recognize the dissolution of gay marriages that took place after November 8, 2008. Though the state does not yet recognize gay divorce, same sex couples who married outside of California will now be allowed to file for divorce. The bill will also streamline the dissolution process for those who married during the short window of time gay marriage was legal in California. Married registered domestic partners will no longer need to file for both a dissolution of their registered partnership and a dissolution of their marriage. Instead, a single action for the dissolution of the marriage will suffice.
For information on the how prenuptial agreements can cushion the tax consequences of a dissolution for gay couples, please see our article, Prenuptial Agreements and Their Equivalent for Registered Domestic Partnerships or its video, Prenups for Partners.
Michele Lowenstein is a monthly columnist for the Gay San Diego. See her column here.
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